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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Guestbook Entry for Guneet Kohli, United States
Interim EAD Issuance at Los Angeles
I reached there around 4:30am. People were already lined up. First you have to get the form from one line and then wait in another line. Around 6:30am they asked people who are there for EAD to form another shorter line. I got the token and my no. was called around 8:30am. The required documents are :
1. I-485 receipt
2. I-765 receipt
3.information about any previous I-765, like receipt date
4. previous EAD Plastic card
5.California driver license and Passport for identification.
Taxonomy upgrade extras
Went to Miami office today to apply for a temporary work authorization card
I went to the Miami office today to apply for a temporary work authorization card. This office no longer accepts walk ins as of two days ago. People can either make an appointment with the office on the web from home, or on site. The waiting time is approximately two weeks for an appointment. This is for any type of immmigration case.
Tampa refused to issue an interim EAD
"96 days after submitting the EAD application, Tampa refused to issue an interim EAD. Evidentially an appointment card had been mailed that same day.The appointment was set for 10 days later. Including 2 months wasted trying to get the initial appointment to submit the EAD application, it took 5.5 months to get this EAD renewal. The real tragedy was the loss a job and residual loss of income which lasted months. We will start this process again 6 months before this EAD expires. Hmm...that's pretty soon".
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
USCIS Forms Update -Form G-1055 and Form I-539
USCIS recently updated the following form(s):
07/31/2024 04:27 PM EDT
Edition Date: 07/31/24. The edition date is at the bottom of Form G-1055, Fee Schedule.
Form I-539, Application to Extend/Change Nonimmigrant Status
07/27/2024 09:58 AM EDT
Guestbook Entry for Lakshmi Reddy , United States
Second Random Selection from Previously Submitted Registrations Complete for FY 2025 H-1B Regular Cap
USCIS recently announced they would need to select additional registrations for unique beneficiaries to reach the fiscal year 2025 H-1B regular cap numerical allocation. The projections indicate USCIS has now randomly selected a sufficient number of registrations for unique beneficiaries as needed to reach the regular cap from the remaining properly submitted FY 2025 registrations.
California Service Center Moving to New Address August 12
On Aug. 12, the California Service Center will move to a new address. The new facility will help streamline processes by concentrating operations in the new location. The California Service Center will continue to provide prompt and efficient service in processing requests for immigration benefits. The updated address for the California Service Center will be:
California Service Center
2642 Michelle Drive
Tustin, CA 92780
Visa Bulletin For September 2024
Number 93
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
USCIS Publishes Filing Guide for Keeping Families Together
Release Date
08/16/2024
On Aug. 19, USCIS will begin accepting requests for, using a new electronic form, Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Form I-131F will not be available on uscis.gov until Aug. 19. USCIS is not accepting any other form for Keeping Families Together. Do not file a request for parole in place under this process before Aug. 19, 2024.
Recording for August 08, 2024 Conference Call with Rajiv S. Khanna
FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future
USCIS Forms Update Notice
USCIS recently updated the following form(s):
08/19/2024 11:33 AM EDT
Edition Date: 08/19/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
Form I-140, Immigrant Petition for Alien Workers
06/07/2024 03:51 PM EDT
DHS Implements Keeping Families Together
Release Date
08/19/2024
NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option
1. How much and for how long do we have to work on an endeavor for which NIW I-140 was approved to avoid any issues in adjustment of status, naturalization, etc.?
2. Is there a way to get any status in the US to work on the approved NIW endeavor until I-485 is filed?
It is important to note that if you are from a country like India, you may face a long wait—up to 10 to 12 years—for a green card. After receiving your green card, you are not required to stay in your job indefinitely; you can leave for valid reasons after a few months, as long as you act in good faith.
Regarding work status for those with an approved NIW, the Compelling Circumstances EAD is an option. Still, it has several drawbacks: unpredictable, uncertain processing times, and requires annual renewal. Another alternative is Entrepreneurial Parole, which offers up to five years of work authorization but may not be ideal for individuals from India due to the lengthy green card process. Please read the articles on the The Economic Times Author Page for more information.
Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations
I got a DWI in January 2024 and was convicted of two misdemeanors (DWI+ Eluding police) in June 2024. I have an H1B petition valid until 2027, and my visa stamping has already expired in March 2024. I'm not traveling to India for now, but my wife and kid are going to India in December. Will there be an impact on H4 stamping, which will be dependent on my H1B petition? Do I have to send all papers to them, like the court decree, the court certificate of registration of actions, the charge sheet, etc.? I have a home in the USA, which I bought in November 2022. Can I also travel to India? What will be my future in the USA? Please advise if there will be an impact on visa stamping on my wife's visa.
A DWI conviction can lead to visa cancellation, requiring visa stamping upon re-entry. However, this may trigger an addiction examination, which can take months. If deemed to have an addiction problem, you could be excluded from entering the U.S. If a spouse's visa has expired while waiting for the primary applicant's visa stamping, it's unclear if they can still obtain their visa stamp.
USCIS Updates Guidance for F/M Nonimmigrant Student Classification
Release Date
08/27/2024
USICS is updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad.
The Policy Manual update:
Recording for August 22, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension
PERM Processing Times (as of 08/01/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | November 2023 |
Green Card
Immigration Law
AAO Processing Times (April - June 2024)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.